Hearing Without Issuance of Temporary Injunction
In some cases, the court will review a petition for injunction for protection against:
- domestic violence filed under section 741.30;
- sexual, dating, or repeat violence filed under section 784.046; or stalking filed under section 784.0485.
In those cases, the court might set a hearing on the petition without issuing an interim temporary injunction.
When a hearing is set without granting a temporary injunction, that just means the injunction is not granted at that time. But an injunction may be entered after the hearing, depending on the findings made by the Court at that time.
Regardless of whether the court grants the interim temporary injunction or not, it is important not to contact the Petitioner directly or indirectly. If you have contact, that fact will be considered by the court at the final hearing.
Attorney for Injunction Hearings in Florida
Throughout courtrooms in the greater Tampa Bay areas, the attorneys at Sammis Law Firm represent clients for all kinds of petitioners for injunctions.
Our main office is located in downtown Tampa. We also have offices conveniently located in Clearwater in Pinellas County and in New Port Richey in Pasco County.
Contact us to discuss the facts of your case if you were served with an order setting a final hearing without the issuance of an interim temporary injunction.
Don’t face the judge alone. Call us at 813-250-0500.
Why did the court grant a hearing without granting a temporary injunction?
The order might explain that the court found, based upon the facts, as stated in the Petition alone and without a hearing on the matter, there is no appearance of an immediate and danger of becoming a victim of domestic violence; repeat, dating, or sexual violence; or stalking, or that stalking exists.
In those cases, the court might find there is not a sufficient factual basis upon which the court can enter a Temporary Injunction for Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking, prior to a hearing.
Instead, the court will schedule a hearing on the petition.
The order setting the hearing will find that the court has jurisdiction of the parties and of the subject matter.
Can the Petitioner add on more allegations?
The petitioner might amend or supplement the petition at any time to state further reasons why a Temporary Injunction should be ordered.
That amended or supplemental information will be considered at the final hearing.
If you have contact with the petitioner before the final hearing, you should expect that issue to be raised at the final hearing.
What happens at the final hearing?
The order also provides “NOTICE OF HEARING” and requires the petitioner and respondent to appear and testify at the hearing.
At the hearing, the Court will decide whether a Final Judgment of Injunction for Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking should be entered.
At the hearing, the Court will determine whether other things should be ordered, including, for example, such matters as time-sharing and support.
What happens if an injunction is granted at the final hearing?
If entered, the injunction will remain in effect until a fixed date set by the Court or until modified or dissolved by the Court.
What happens if the Petition or Respondent doesn’t show up at the final hearing?
If Petitioner and/or Respondent do not appear, orders may be entered, including entry of a permanent injunction and the imposition of court costs.
Even if the Respondent fails to appear at the final hearing, the Respondent will still be bound by the terms of any injunction or order issued at the final hearing.
Read more about the hearings for injunctions for protection in Tampa, FL, and the surrounding areas.
This article was last updated on Thursday, November 17, 2022.